04-27-82 Regular
THE CITY OF DELRAY BEACH
REGULAR MEETING - CITY COUNCIL
April 27, 1982
7:00 p.m.
AGENDA
Council Chambers
NOTICE: If any person decides to appeal any decision of the City Council
at this meeting, he will need a record of the proceedings and, for t~at
purpose, he may need to ensure that a verbatim reco~d of the proc~ed~ngs
is made which record includes the testimony and ev~dence upon wh~ch the
appeal is to be based. The City does not prepare or provide such record.
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Approval of Minutes of Regular Meeting of April 13, 1982.
5. Comments and Inquiries on Non-Agenda Items:
a. Citizens
b. Council
c. City Attorney
d. City Manager
6. Agenda approval.
Action: Motion to approve.
PUBLIC HEARINGS
* 7.
Resolution No. 44-82 - Exchange of Real Property - PUBLIC HEARING
authorizing exchange of property between the City and Namil Corpo-
ration' (Homewood Boulevard and Atlantic Avenue).
Recommendation:
Action: Motion
City Attor~ey recommends
to adopt the Resolution.
approval.
8. Ordinance No. 25-82 - Dumas Annexation. Second Reading and PUBLIC
HEARING relative to annexing a parcel of land located at the north-
west corner of N. W. 9th Street and N. W. 6th Avenue, if extended
north, subject to R-IAA (Single Family Dwelling) District (Hal S. and
Sarah J. Dumas, applicants).
Recommendation: Planning Director recommends approval.
Action: Motion to adopt the Ordinance on Second Reading.
9. Ordinance No. 26-82 - Amend Code - Garbage and Trash. Second Reading
and PUBLIC HEARING amending Chapter 12 "Garbage and Trash" extending
the exemption from City garbage service for High Point and Country
Manors until December 31, 1983.
Recommendation: City Manager recommends approval.
Action: Motion to adopt the Ordinance on Second Reading.
10. Ordinance No. 35-82 - Amend Code - Garbage and Trash. Second Reading
and PUBLIC HEARING amending Chapter 12 "Garbage and Trash" relative to
providing for an exception, under certain conditions, from required
City collection for compactor and roll off container service.
Recommendation:
Action:
Motion
City Manager and Finance
proval.
to adopt the Ordinance on
Director recommend ap-
Second Reading.
11. Ordinance No. 27-82 - Rezoning, Conditional Use, Site and Development
Plan Approval - Congress Park. Second Reading and PUBLIC HEARING re-
zoning and placing a 30.59 acre parcel of land which is presently
zoned R-IAA, in part, and RM-15, in part, in SAD.
Recommendation: Planning & Zoning Board approved 7-0
Action: Motion to adopt the Ordinance on Second Reading.
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12. Ordinance No. 29-82 - Zoning Ordinance Amendment - Special Setback
Provisions. Second Reading and PUBLIC HEARING relative to correct-
ing conflicting requirements for building setbacks along West
Atlantic Avenue, between Swinton Avenue and the I-95 Interchange.
Recommendation: Planning & Zoning Board approved 7-0.
Action: Motion to adopt the Ordinance on Second Reading.
13. Ordinance No. 30-82 - Zoning Ordinance Amendment - Parking Require-
ments for Restaurants, Etc. Second Reading and PUBLIC HEARING
relative to clarifying the requirement for providing parking spaces
for any outside area used as an extension of a restaurant, cafe,
snack shop, night club, bar and lounge.
Recommendation: Planning & Zoning Board approved 7-0.
Action: Motion to adopt the Ordinance on Second Reading.
14. Ordinance No. 31-82 - Zoning Ordinance Amendment - Gasoline Stations
(Curb Cuts). Second Reading and PUBLIC HEARING relative to increas-
ing the allowable curb cut width from 24 feet to 36 feet to allow
for better traffic circulation in and out of the facility.
Recommendation: Planning & Zoning Board approved 7-0.
Action: Motion to adopt the Ordinance on Second Reading.
15. Ordinance No. 32-82 - Zoning Ordinance Amendment - Supplementary
Regulations (Minimum Spacing between Buildings). Second Reading and
PUBLIC HEARING relative to limiting the minimum spacing between build-
ings requirement to residential buildings only.
Recommendation: Planning & Zoning Board approved 7-0.
Action: Motion to adopt the Ordinance on Second Reading.
16. Ordinance No. 33-82 - Zoning Ordinance Amendment - Off Street Park-
ing Regulations (Reduction in Number of Spaces). Second Reading and
PUBLIC HEARING relative to reducing the number of required parking
spaces for office and indus~ial uses to allow for an increase in
the amount of pervious area within these types of developments.
Recommendation: Planning & Zoning Board approved 7-0.
Action: Motion to adopt the Ordinance on Second Reading.
17. Ordinance No. 34-82 - Amend Code - SAD (Special Activities District)
Second Reading and PUBLIC HEARING amending Chapter 9 "Buildings and
Construction II relative to revising the sign requirements for develop-
ments zoned SAD.
Recommendation: Planning & Zoning Board approved 7-0.
Action: Motion to adopt the Ordinance on Second Reading.
CONSENT AGENDA
18. Concession Building at Miller Park. Change Order No. 3 increases the
contract price by $4,476.40 for a total of $53,354.40 with funds to
come from the Florida Power & Light Excess Reserve. The change order
involves installation of a sanitary sewer.
Recommendation: City Engineer recommends approval.
Action: Motion to approve change order.
19. Request for City Water and Sewer Service -- Breezy Acres.
Recommendation: City Manager and Acting Public Utilities Director
recommend.
Action: 1. Motion that sewage from the proposed building be
accepted by the City for treatment at the Regional
Plant.
2. Motion that water service be denied since the property
is outside the City's Reserve Annexation Area.
AGENDA 4-27-82
Page 2
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20.
Recreational Funding Proposal.
Recommendation: City Manager recommends approval.
Action: Motion to accept the proposed study by the Public Adminis-
tration Service in the amount of $17,320.
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21. Western Boundary Line for the providing of City Water Service. Motion
establishing the center line of Military Trail as the western boundary
line for the providing of City water service.
Recommendation: Council action.
Action: Motion to establish western boundary line.
* 22.
Sanitary Sewers and Water Utilities Acceptance. Resolution No. 41-82
accepts sanitary sewers and water utilities as operational as recorded
in the plat of Pelican Harbor, Phases 1, 2 and 3.
Recommendation: City Engineer recommends approval.
Action: Motion to adopt the Resolution.
* 23.
Water Utilities Acceptance. Resolution No. 42-82 accepts water utili-
ties as operational as recorded in the plat of The Gardens at Centre
Delray.
Recommendation: City Engineer recommends approval.
Action: Motion to adopt the Resolution.
* 24.
Funding for FY 1980-81 Beach Restoration and Preservation. Resolution
No. 43-82 requests that the State of Florida disburse Erosion Control
Trust Funds in the amount of $14,861.47 to the City for sand search,
vegetation, beach and reef monitoring project.
Recommendation: City Engineer recommends approval.
Action: Motion to adopt the Resolution.
25.
Dual Taxation. Resolution No. 45-82 requests that Palm Beach County
escrow certain funds which ~ould alleviate dual taxation.
Recommendation:
Action: Motion
City Manager and City Attorney recommend approval.
to adopt the Resolution.
26. Site and Development Plan Approval - Le Village De Provence. Approval
of site and development plan for Le Village De Provence, located at
the southwest corner of High Point Boulevard North and the L-32 Canal,
as approved by the Planning & Zoning Board.
Recommendation:
Action:
Motion
Planning & Zoning Board approved 5 to 1 (Wallin
dissenting).
to approve site and development plan.
27.
City Purchase of Harris Property.
Harris of 16.4 acres adjoining the
Consider purchase from Mrs. Elizabeth
Delray Beach Country Club.
Recommendation: City Manager recommends denial.
Action: Motion to deny offer to purchase.
REGULAR AGENDA
* 28.
Medical Director for Paramedic Program.
Recommendation: City Manager and Fire Chief recommend approval.
Action: Motion to authorize execution of contractual agreement
with Dr. John Gill as Medical Director for the City's
Paramedic Program at an annual salary of $10,000.
29. Appointment - Community Appearance Board. Appointment of one alter-
nate member of the Community Appearance Board to a term ending
August 25, 1983. Chairman, CAB, has submitted the name of James M.
Towery.
Recommendation: Council action.
Action: Motion to appoint board member.
AGENDA 4-27-82
Page 3
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30. Appointments - Internal Audit Committee. Consider appointments of
five regular members and two alternate members. Of the initial
regular member appointments, three shall serve for one year and two
shall serve for two years. The alternate members appointed initially
shall serve for two years. Thereafter members shall be appointed for
two year terms.
* 31.
* 32.
. 33.
* 34.
Recommendation: Council action.
Action: Motion to appoint board members.
Ordinance No. 36-82 - Amend Code - Public Nuisance. First Reading
amending Chapter 13 I'Health and Sanitation" relative to declaring a
public nuisance. This ordinance reestablishes regulations prohibit-
ing interference with street lights, sidewalks and other public
improvements.
Recommendation:
Action: Motion
Note:
City Manager and City Attorney recommend
to pass the Ordinance on First Reading.
If passed, Public Hearing May 11th.
approval.
Rezoning, Conditional Use, Site and Development Plan Approval
South County Drug Abuse Foundation. Consider request to rezone a
0.67 acre parcel of land from R-IA (Single Family Dwelling) District
to SAD (Special Activities) District, and conditional use and site
and development plan approval to allow an Adolescent Residential
Facility, as approved by the Planning & Zoning Board.
Recommendation: Planning & Zoning Board approved 4 to 1
(Christensen dissenting).
Action: Motion to approve rezoning, conditional use, site and
development plan.
Rezoning, Conditional Use, Site and Development Plan Approval (SAD)
Medical Arts Building. Consider request to rezone a 0.69 acre parcel
of land from RM-IO (Multiple Family Dwelling) District to SAD (Special
Activities) District, and conditional use and site and development
plan approval to allow a professional/business office development,
as denied by the Planning & Zoning Board.
Recommendation:
Action:
Motion
Planning & Zoning Board
(Campbell abstaining)
to approve.
recommended denial 4 to 0
Site and Development Plan Approval Extension - 222 Building. Consider
request for a 12 month site and development plan approval extension
until June 11, 1983.
Recommendation: Planning & Zoning Board approved 7 to o.
Action: Motion to grant the extension.
AGENDA 4-27-82
Page 4
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THE CITY OF DELRAY BEACH
REGULAR MEETING - CITY COUNCIL
April 27, 1982
7:00 p.m.
ADDENDUM
Council Chambers
AI. Dual Taxation
A2. County Special Exception Petition 82-66. Consider Planning & Zoning
Board's recommendation that a letter be sent to the County Planning
Commission objecting to this petition since it is in violation of
the City's Land Use Plan.
Recommendation: City Manager recommends approval.
Action: a. Motion to authorize entering into an agreement with
Kelton and Associates to conduct a dual taxation
study. r - [I'-'....,l__
Motion to appropriate up to $15,000 for a dual
taxation study. '~",'~c.... ','" .:.' ":;"~:~."
b.
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i"'^ .
Recommendation:
Action:
Motion
Planning & Zoning Board recommended denial
7 to 0.'
to approve.
y
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A3. County Special Exception Petition 82-76. Consider Planning & Zonipg
Board's recommendation that a letter be sent to the County Planning
Commission objecting to this petition since it is in violation of
the City's Land Use Plan.
Recommendation:
Action:
Motion
Planning & Zoning Board recommended denial
7 to O.
to approve.
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